On 21 May 2021, upon the matter being called, the second respondent’s counsel stood up to advise that he has instructions to apply for my recusal. No prior notice or indication had been given to me as usual practice which counsel adopt. Counsel usually approach the judge whose recusal will be sought in chambers to alert the judge beforehand that his or her recusal is sought. This salutary practice is done to avoid taking the judge by surprise because in a recusal application, the judge must answer the application because it is directed at the judge. Fore warning the judge... More
MAKONESE J: The applicant is facing two counts of attempted murder as defined in section 189 as read with section 47 of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The applicant avers that he is a suitable candidate for bail pending his trial.
The state alleges that on the 6th of November 2020 and at Magedini Business Centre, Lusulu Binga he assaulted the 1st complainant above the left eye with a machete causing a deep cut. Applicant went further to assault 2nd complainant Mashoko Ncube with the same machete on the head causing him a deep cut. Applicant... More
This is an application for the confirmation of a provisional order granted on an urgent basis on 27 July 2020 wherein the respondent and anyone in its employ was interdicted from extracting mineral resources at applicant’s mining claim registered as 40826BM. The final order sought herein is that respondent and anyone in its employ should allow applicant access to its mining site, hand over the same to applicant and not interfere with applicant’s claim and activities on the said claim. More
MAKONESE J: This is an application for a declaratory order. The applicant seeks an order in the following terms;
“IT IS ORDERED THAT:
1. The purported sale in execution of the applicant’s immovable property commonly known as a certain piece of land being stand 1116 Bulawayo Township situate in the district of Bulawayo measuring 1110 square metres, and the subsequent confirmation of such sale under case number HC3088/13 be declared null and void and of no force and effect. More
MAKONESE J: This is an application for an order setting aside the ruling of the 4th respondent (hereinafter referred to as the Sheriff), wherein he upheld an objection raised by 1st to 3rd respondents to the confirmation of a sale of immovable property being Subdivision D of Stands 5, 6, 7 and 8 of Matsheumhlope, Bulawayo. Applicant further sought an order of this court directing the 4th respondent to cause the sale of the immovable property in question by way of private treaty to enable it to recover the full value of its judgment debt in terms of an order... More
The delay in handing down this judgment is much regretted especially in view of the order that I make.
This is an appeal and cross -appeal against a judgment of the High Court handed down on 25 April 2018. In the judgment, the court a quo found for the first and second respondents and declared the first respondent the owner of certain immovable property in Mt Pleasant, Harare up to 22 November 2017 and the second respondent the owner of certain property in Avondale, Harare. More
MAKONESE J: Section 274 of the Criminal Law Codification and Reform Act (Chapter 9:23) provides that where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged. The effect of this provision in our law, is that where the evidence led and proven facts are found that another cognizable offence at law, other than that in the charge sheet... More
